The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.
The Law and Practice of Extradition provides an in-depth overview of extradition law and practice, providing students with an understanding of how key elements have been shaped by the state, the fugitive and the international community. The process of globalisation has offered huge opportunities for organised crime, both in terms of expansion of operations and the possibility to evade justice, confronting states with considerable challenges. The Law and Practice of Extradition addresses all key topics in this fast-evolving area, including extradition and international crimes, terrorism and human rights. This textbook is particularly suitable for master's and post-doctoral students with a basic background knowledge of international law, criminal law and international relations, and will interest legal practitioners who seek a better understanding of extradition.
Three hundred years ago, few people cared about the murky past of new arrivals to the United States, and the countries they had left made few efforts to pursue them to their new home. Today with the growth of bureaucracy, telecommunications, and air travel, extradition has become a full-time business. But the public's knowledge of, and consequent concern about, extradition remains minimal, aroused from time to time by newspaper headlines, only to fade. In this readable and compelling history of extradition in America, Christopher Pyle remedies that ignorance. Using American constitutional law and drawing on a wealth of historical cases, he describes the collision of law and politics that occurs when a foreign country demands the surrender of individuals held to be terrorists by some and freedom fighters by others. He shows how U.S. policymakers have attempted to substitute deportation for extradition, and turn the surrender of a foreign national (or even an American citizen) into a political rather than a judicial process. Beginning with the New England Puritans' refusal to surrender to the "regicides" who had signed the death warrant of King Charles I, he traces the attitudes and ideologies that have shaped American extradition practice, culminating in the efforts by the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy. Along the way we meet such legal luminaries as James Madison and John Stuart Mill, William Rehnquist and Oliver North, as well as pirates and fugitive slaves, anarchists and refugees, drug lords and runaway sailors. Woven throughout this story is the author's belief that current developments in extradition law ignore or actually violate the principles of individual liberty, due process, and humanity on which we claim our country was built. As he remarks in the Introduction, "Extradition involves the surrender of human beings--persons under the protection of our Constitution--to foreign regimes, many of which are unjust. This reality was well understood in the eighteenth and nineteenth centuries, when the United States was a refuge for the victims of European oppression, but it has been disregarded frequently in the twentieth century as we have sought to stem the tide of immigration and develop advantageous economic and political relations with autocratic regimes of every stripe." Author note: Christopher H. Pyle is Professor of Politics at Mount Holyoke College. He is the author of several books and Congressional reports and has frequently testified before Congress on the subject of extradition and deportation.
The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.
The extradition of terror suspects reveals the worst features of the security state In 2012 five Muslim men—Babar Ahmad, Talha Ahsan, Khalid al-Fawwaz, Adel Abdul Bary, and Abu Hamza—were extradited from Britain to the US to face terrorism-related charges. Fahad Hashmi was deported a few years before. Abid Naseer and Haroon Aswat would follow shortly. They were subject to pre-trial incarceration for up to seventeen years, police brutality, secret trials, secret evidence, long-term detention in solitary confinement, citizenship deprivation and more. Deport, Deprive, Extradite draws on their stories as starting points to explore what they illuminate about the disciplinary features of state power and its securitising conditions. In looking at these stories of Muslim men accused of terrorism-related offences, Nisha Kapoor exposes how these racialised subjects are dehumanised, made non-human, both in terms of how they are represented and via the disciplinary techniques used to expel them. She explores how these cases illuminate and enable intensifying authoritarianism and the diminishment of democratic systems.
This work provides indispensable access to an intricate and complex network of legal rules on extradition found in multilateral treaties and conventions, with specific emphasis on extradition in the Americas. It covers the historical development of the multilateral approach and presents a survey of the steps taken and work accomplished by organs of the Organization of American States with respect to updating the multilateral rules on extradition within the inter-American system. The analysis covers provisions of multilateral conventions of worldwide scope whose purposes are to prevent or repress specific categories of offences and compares the Inter-American Convention on Extradition with other multilateral treaties and conventions on that matter. The materials compiled in this volume give a welcome insight in the codification of law and constitute a fundamental tool for judicial cooperation in the Inter-American context.
